Law4u - Made in India

What is the status of Waqf properties under Muslim law?

28-Mar-2025
Muslim Law

Answer By law4u team

Under Muslim law, Waqf properties hold a special legal status as they are considered permanent charitable endowments dedicated to religious, charitable, or pious purposes. 1. Definition of Waqf A Waqf is a permanent dedication of movable or immovable property for religious or charitable purposes under Islamic law. Once a property is designated as Waqf, it cannot be sold, transferred, or inherited. 2. Legal Status of Waqf Properties in India Governed by the Waqf Act, 1995 (amended in 2013). Administered by the State and Central Waqf Boards under the supervision of the Central Waqf Council. The property remains inalienable, meaning it cannot be sold, gifted, or mortgaged, except in rare cases with Waqf Board approval. 3. Management of Waqf Properties Managed by a Mutawalli (caretaker), who is responsible for maintaining and using the property for the intended purpose. The State Waqf Board has the power to regulate and remove mismanagement or misuse of Waqf properties. 4. Protection & Disputes Waqf properties are protected under Section 104 of the Waqf Act, 1995. Any unauthorized occupation, encroachment, or sale is illegal and punishable. Disputes related to Waqf properties are settled by Waqf Tribunals, not civil courts. 5. Encroachment & Legal Consequences Encroachment on Waqf land is a punishable offense under the 2013 amendment. Penalty: Imprisonment up to 2 years, a fine up to Rs. 50,000, and removal of encroachment.

Muslim Law Verified Advocates

Get expert legal advice instantly.

Advocate Prakash Dhande

Advocate Prakash Dhande

Anticipatory Bail, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, R.T.I, Succession Certificate, Revenue

Get Advice
Advocate Mr.pranaya Swain

Advocate Mr.pranaya Swain

Anticipatory Bail, Cheque Bounce, Child Custody, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Medical Negligence, Muslim Law, R.T.I

Get Advice
Advocate Mohd Alam

Advocate Mohd Alam

Cheque Bounce, Child Custody, Court Marriage, Criminal, Muslim Law, Wills Trusts, Motor Accident, Family, Domestic Violence, Anticipatory Bail, Cyber Crime

Get Advice
Advocate Sakshi

Advocate Sakshi

Cheque Bounce, Child Custody, Consumer Court, Criminal, Divorce, Documentation, Domestic Violence, Family, Muslim Law, R.T.I

Get Advice
Advocate Ramesh Chand Azad

Advocate Ramesh Chand Azad

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, Family, High Court, Motor Accident, Muslim Law, R.T.I

Get Advice
Advocate Ateek

Advocate Ateek

Anticipatory Bail, Cheque Bounce, Civil, Divorce, Family, Motor Accident, Muslim Law, Criminal, Revenue

Get Advice
Advocate Aswad N Patil

Advocate Aswad N Patil

Anticipatory Bail,Arbitration,Armed Forces Tribunal,Bankruptcy & Insolvency,Banking & Finance,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Corporate,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Domestic Violence,Family,High Court,Immigration,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Muslim Law,NCLT,Patent,Property,R.T.I,Recovery,RERA,Startup,Succession Certificate,Tax,Trademark & Copyright,Wills Trusts,Revenue

Get Advice
Advocate Yogesh Share

Advocate Yogesh Share

Cyber Crime, Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Cheque Bounce, Child Custody, Corporate, Consumer Court, Breach of Contract, Civil, Customs & Central Excise, Criminal, GST, Domestic Violence, Insurance, Immigration, Documentation, High Court, Family, Divorce, International Law, Labour & Service, Media and Entertainment, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Recovery, R.T.I, Property, Patent, NCLT, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Supreme Court, Revenue, Wills Trusts

Get Advice
Advocate Ramya Ramachandran

Advocate Ramya Ramachandran

Anticipatory Bail, Arbitration, Banking & Finance, Cheque Bounce, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Labour & Service, Landlord & Tenant, Medical Negligence, Motor Accident, Muslim Law, Property, Recovery, Wills Trusts

Get Advice
Advocate R P Raikwar

Advocate R P Raikwar

Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, Insurance, Motor Accident, Muslim Law

Get Advice

Muslim Law Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.